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Marketplace Terms
And Conditions

Marketplace Terms And Conditions

Welcome to Chuta Network!

We are an online community hub and marketplace – for students, by students. We hope to connect students from across Australia to provide support through online collaboration,resource sharing and employment opportunities.

To help make sure that everything runs smoothly in this community, please make sure you carefully read and understand this agreement. This agreement governs your use of the Platform – your conduct, any Goods you offer to sell, and those you purchase, on the Platform.

You may be a Buyer or a Seller in any particular communication or transaction on the platform. So, these terms are to be interpreted based on the relevant communication or transaction.

Thank you for supporting Chuta Network and we hope you enjoy using the Platform!

How to read this agreement:  These are the key terms to understand, to help you read this agreement:

TERMS MEANING
BuyerUsers who purchase Goods directly from Buyers through the Platform, as is relevant in respect of the sale of any Goods.
Chuta NetworkTuta Global Pty Ltd ACN 635 803 806, operating under the registered business name “Chuta Network”.
COMMISSIONthe percentage of the Seller’s Price that will be payable to Chuta Network as displayed on our website at the time of posting a Listing
GOODSany items or Goods offered for sale through the Platform by a Seller.
LISTINGa post on the Platform containing an offer to sell Goods or promote Jobs.
Platformthis platform, having the URL https://Chuta Network.network/ and any other websites or applications owned or operated by Chuta Network with the same domain name and a different extension or otherwise for the same or similar purposes as this platform.
Quoted Amountthe amount displayed at checkout inclusive of the Seller’s Price, any delivery charges and Chuta Network’s Commission.
SellerUsers who offer to sell Goods directly to Buyers through the Platform, as is relevant respect of the sale of any Goods
Seller’s Pricethe amount nominated by the Seller as the amount payable to the Seller for the Goods.
Third Party Payment Platform the third party entity which handles any payments made through the Platform, being Stripe, having their terms and conditions at https://stripe.com/au/legal.
Usersany person that uses the Platform in any capacity, including Sellers and Buyers.

Terms And Condition

1•Access And Accounts

  • You must not access the Platform if you are under the age of 18 years old and do not have your parent or guardian’s consent, or if you have previously been suspended or prohibited from using the Platform.
  • In order to use most of the functionality of the Platform, all Users are required to sign-up, register and receive an account through the Platform (an Account).
  • By registering for an Account, you agree to be bound by this agreement which forms a binding contractual agreement between you, the User, and Chuta Network.
  • As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by Chuta Network from time to time.
  • You warrant that any information you give to Chuta Network in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
  • Once you complete the Account registration process:
    • Chuta Network may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account; and
    • you may edit your profile as you wish, including providing any background information on your education and experience so long as you do not make any misleading or deceptive representations about yourself that are not true.
  • Chuta Network reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
  • Chuta Network may, in its absolute discretion suspend or cancel your Account for any reason, including for any failure to comply with this agreement.
  • You acknowledge and agree that your Account may automatically expire when the email address you have used also expires according to any external institutional system to which your email address is subject.

2• LISTINGS FOR SALE

2.1• LISTINGS FOR GOODS

  • Any User that has registered an Account may post a Listing as a Seller on the Platform.
  • Sellers must ensure that all Listings are accurate, complete and not misleading. Sellers must ensure that all Listings include a clear description of the Goods, to the best of their knowledge. These details include, but are not limited to:
    • the author/s and publication date of the Goods (if relevant);
    • the specific course and year (or teaching period, if relevant) for which the Goods were used;
    • the form of the Goods (including electronic resources); and
    • the age and condition of the goods (Details).
  • Sellers acknowledge and agree that a failure to properly describe the Details of the Goods where the Goods are defective or not fit for purpose may mean that Buyers are entitled to a refund under the Consumer Guarantees of the Australian Consumer Law.
  • Buyers acknowledge and agree that all Goods are second-hand and may be defective if described as such.
  • Buyers may make their own enquiries about Goods and its Details by directly messaging the Seller on the Platform. The Seller must respond in a reasonable timeframe to questions regarding a Listing. Buyers are responsible for making their own enquiries about the Goods and its Details prior to purchasing the Goods.
  • CONTRACT FORMED BETWEEN SELLER AND BUYER
    • A Listing constitutes the Seller’s offer and intention to enter into a binding contract with a Buyer for the sale of the Goods or provision of Support Services.
    • When a Buyer accepts a Listing, this forms a binding contract between the Seller and that Buyer, where the Seller will provide the Buyer with the Goods in the Listing they accepted in exchange for payment of the Quoted amount.
    • Users acknowledge and agree that Chuta Network will not be a party to any contract for the sale of Goods through the Platform.
  • REMOVAL OF LISTING WITHOUT NOTICE
    • Chuta Network reserves the right to remove any Listing for any reason without notice and without liability to the Seller, or any potential Buyer.

Buyers acknowledge and agree that some Listings may be posted for a specified time period only and Buyers should have regard to those specified time limits for the purpose of determining whether and when to confirm your purchase of those Goods.

3• CONTRACT CHEATING AND PLAGIARISM

3.1• LISTING OF GOODS

Sellers are not permitted to post Listings, or sell Goods, where the Goods are:

  • a completed assignment, project or any assessable coursework; or
  • ‘model’ assignment answers,

by that Seller, a tutoring or ghost-writing company, or any other person.

3.2• COMMUNICATION BETWEEN USERS

We encourage Users to communicate and collaborate with other Users on the Platform. However, when communicating on the Platform, Users must not:

  • engage, hire or otherwise pay another User to complete or otherwise coach a part or whole of a specific assignment, project or assessable coursework;
  • engage, hire or otherwise pay another User to sit or partake in an assessable examination; or
  • otherwise collaborate with another User on a part or a whole of a specific assignment, project or assessable coursework;

where that assignment, project or assessable coursework contributes to the User’s final grades.

3.3• USER RESPONSIBILITY

  • Users are responsible for reading and understand their relevant institution’s own rules, guidelines and policies (and consulting with any relevant representatives) on contract cheating and plagiarism prior to using the Platform. If a User breaches those rules and policies while using the Platform, Chuta Network will not be responsible for those breaches or any consequences of those breaches.

Where a User is in breach of, or Chuta Network reasonably suspects the User may breach, this clause 3, Chuta Network will suspend or cancel that User’s account.

4• JOB LISTINGS

  • From time to time, the Platform may provide links relating to job opportunities (Job Listings) through third party recruiters or platforms such as Seek or Indeed (Platforms) and from various entities looking for workers (Employers).
  • As a User, you acknowledge and agree that:
    • the provision of a link to a Platform or Job Listing does not imply any guarantee of the security of the link or endorsement or recommendation by Chuta Network of the Platform or the Employer;
    • Chuta Network does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Employer or Job Listing that is listed on the Platform; and
    • any terms and conditions, including employment agreements, relating to that Employer or Job Listing provided via the Platform constitute a contract between you and the Employer and do not involve Chuta Network in any way.

5• PAYMENTS FOR GOODS

  • Viewing the Platform and posting a Listing is free.
  • All Listings will be accompanied by a Quoted Amount, which is expressed in Australian dollars and is made up of:
    • the Seller’s Price;
    • the Commission; and
    • any delivery charges indicated by the Seller in the Listing.
  • Chuta Network reserves the right to also charge to the Buyer:
    • transaction fees, where such fees are charged by our Third Party Payment Provider; and
    • credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express.
  • Sellers must only charge each Buyer the Quoted Amount. Sellers must not try to claim any other additional amount from the Buyer for the Goods. This clause does not limit the Buyer’s obligation to pay any delivery charges where they are added to the Quoted Amount at checkout rather than displayed on a Listing.
  • Once a Buyer accepts a Listing, the Buyer will be prompted to pay the Quoted Amount to the Seller via the Third Party Payment Platform.
  • The Buyer must pay the Quoted Amount prior to the Seller dispatching those Goods for delivery. The Seller must not dispatch Goods for delivery until written confirmation is received from Chuta Network or the Third Party Payment Platform (as the case may be) that the Quoted Amount has been paid.
  • After the Third Party Payment Platform receives payment from the Buyer, Chuta Network will ensure that the Third Party Payment Platform transfers:
    • the Seller’s Price and any delivery charges to the Seller; and
    • the Commission to Chuta Network,

within a reasonable time.

  • Chuta Network reserves the right to change or waive the Commission at any time by updating the amount displayed on the Platform. The amount displayed on the Platform at the time of posting a Listing is the Commission that will apply to that Listing.
  • Sellers are responsible for the collection and remission of all taxes associated with any transactions made through the Platform. Chuta Network will not be held accountable in relation to any transactions where tax related misconduct has occurred.
  • In addition to this agreement, your purchase of any Goods via the Platform will be subject to the terms and the privacy policy of the Third Party Payment Platform, as set out in the definitions at the start of this agreement. Users agree to release Chuta Network and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Third Party Payment Platform, including any issue with security or performance of the Third Party Payment Platform or any error or mistake in processing your payment.

6• DELIVERY

6.1• TRANSFER OF OWNERSHIP AND RISK

  • Title to the Goods will transfer from the Seller to the Buyer upon payment being received by the Seller.
  • Risk in the Goods will transfer from the Seller to the Buyer upon delivery. Buyers must not refuse delivery.
  • At no time will risk in or title to the Goods transfer to Chuta Network.

6.2• DELIVERY PROVIDER

  • The Seller must ensure that they engage a reputable delivery provider with a tracking service and dispatch the Goods for delivery within 48 hours after receiving payment for the Goods.
  • The Seller acknowledges and agrees that any damage or destruction to, or loss of, Goods during transit will be the responsibility of the Seller.

6.3• FAILURES OF DELIVERY

  • The Buyer must direct any issues with delivery in the first instance to the Seller.
  • The Seller must promptly investigate any issues with delivery and take reasonable steps to resolve the issue with the delivery provider and the Buyer.
  • If delivery is not performed within a reasonable time after payment is made by a Buyer, with regard to the proximity of the Buyer to the Seller, the Buyer may request a refund for the Seller’s Price (provided the Goods are returned to the Seller if and when they are delivered). However, the Commission portion taken by Chuta Network from the Seller’s Price will not be refunded because Chuta Network incurs costs from the point of sale.
  • The Seller will not be responsible for any delays in delivery as a result of external factors outside the reasonable control of the Seller, including but not limited to the impact of COVID-19 on postal delivery.

7• CHANGES TO YOUR ORDER

7.1• CANCELLATION BY A SELLER

  • A Seller may remove a Listing at any time prior to a Buyer making payment for the Goods.
  • A Seller must endeavour not to cancel an order once payment has been made by the Buyer.
  • If a Seller needs to cancel an order once payment has been made, the Seller must:
    • contact the Buyer and provide reasons to explain the cancellation; and
    • notify Chuta Network that the Buyer needs to be issued with a refund.
  • If a Seller cancels an order in accordance with this clause:
    • Chuta Network will retain the Commission; and

the Seller will be liable to reimburse the Buyer the entire Quoted Amount, including the Commission at the Seller’s expense.

7.2• CANCELLATION BY A SELLER

Once a Buyer has made payment for Goods, that order cannot be cancelled. However, our refunds and exchanges process in clause 7.3 may apply.

7.3• RETURNS AND EXCHANGES

  • Sellers do not offer change of mind returns.
  • Sellers must provide a full refund of the price paid for a Good if a Seller determines that:
    • the Goods were not received by the Buyer solely due to failure by the Seller;
    • the Goods were not substantially the same as the description provided by the Seller as displayed on the Platform (subject to fair wear and tear in light of the second-hand nature of the Goods, and reasonable variation as a result of screen display, colour and brightness, and image quality); or
    • the Goods are faulty, in accordance with clause 3(c).
  • The following process applies to any Goods that a Buyer believes is faulty where such faults were not described by the Seller.
    • If a Buyer believes that their Goods are faulty, the Buyer must contact the Seller through the Platform with a full description of the fault (including images).
    • If the Seller determines that the Goods may be faulty, the Seller reserves the right to further inspection before deeming a Good faulty.
    • If the Seller determines in its reasonable opinion that the Goods are not faulty, or are faulty in accordance with a fault identified in the description of the Goods, or due to fair wear and tear, misuse, or failure to take reasonable care, the Seller may refuse your return and send the Goods back to you at the Seller’s cost.
    • If the Seller determines that the Goods are faulty:
      1. the Seller must promptly notify Chuta Network, including the reference number for the purchase and nature of the fault; and
      2. the Seller must refund to the Buyer the Quoted Amount, including the Commission at the Seller’s expense.

All refunds will be credited back to the Buyer’s original method of payment.

  • If a Buyer fails to comply with the provisions of this clause 7in respect of a faulty Good, Chuta Network may, in our absolute discretion, issue only a partial refund or no refund in respect of the faulty Good.
  • Nothing in this clause 7is intended to limit or otherwise affect any of your rights which cannot be excluded under applicable law.
  • If Chuta Network determines, in its absolute discretion, that a Seller has failed to meet the acceptable standards for participation in the Platform as a Seller, including by providing faulty Goods or failing to cooperate to resolve a Buyer’s grievance, then Chuta Network may terminate the Seller’s Account.

8• RESTRICTION ON BYPASSING

  • Correspondence between Users must take place on the Platform. Users must ensure that their Account does not display any of their personal contact information at any time such that it can be viewed by any other User. Users agree to not give their contact details to any other User.  
  • Users agree that they must not, either directly or indirectly, solicit or attempt to solicit any business, work, income or other benefit, from any other User whom they came to know about, or with whom they provided Goods to directly or indirectly, by using the Platform. This provision will apply whether or not either of the Users is still active on the Platform.
  • Chuta Network may, in its absolute discretion, cancel an Account and suspend a User from using the Platform if it finds or suspects that the User has breached this clause 8.

9• SELLERS NOT ENDORSED

Buyers acknowledge and agree that:

  • the Platform provides links and introductions to Sellers owned and operated by third parties that are not under the control of Chuta Network;
  • the provision by Chuta Network of introductions to Sellers does not imply any endorsement or recommendation by Chuta Network of any Seller;
  • Chuta Network does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Seller who uses or is listed on the Platform; and
  • any terms and conditions relating to a good or service, Listing or quote provided via the Platform constitute a contract between you and the Seller and do not involve Chuta Network in any way.

10• USER USER OBLIGATIONS

As a User, you agree:

  • not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
  • to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify Chuta Network of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform’s security;
  • to not use the Platform for any purpose other than for the purpose of making arrangements to provide or receive Goods, including:
    • you must notuse the Platform in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job or a sale which includes illegal goods, activities or purposes); and
    • you must not use the Platform in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by Chuta Network;
  • not to act in any way that may harm the reputation of Chuta Network or associated or interested parties or do anything at all contrary to the interests of Chuta Network or the Platform;
  • you must not make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of Chuta Network;
  • that Chuta Network may change any features of the Platform or Goods offered through the Platform at any time without notice to you;
  • that information given to you through the Platform, by Chuta Network or another User including a Seller, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and
  • that Chuta Network may cancel your account at any time, including if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 10.

11• POSTED MATERIALS

11.1• WARRANTIES

By providing or posting any Listings, questions, information, materials or other content on the Platform (Posted Material), you represent and warrant that:

  • you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);
  • the Posted Material is accurate and true at the time it is provided;
  • any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
  • the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
  • the Posted Material is not “passing off” of any Good or service and does not constitute unfair competition;
  • the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
  • the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and
  • the Posted Material does not breach or infringe any applicable laws.

11.2• LICENCE

  • You grant to Chuta Network a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for Chuta Network to use, exploit or otherwise enjoy the benefit of such Posted Materia, including for advertising and promotional purposes.
  • If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release Chuta Networkfrom any and all claims that you could assert against Chuta Network by virtue of any such moral rights.
  • You indemnify Chuta Networkagainst all damages, losses, costs and expenses incurred by Chuta Network arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.

11.3• REMOVAL

  • Chuta Network acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, Chuta Network may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Material.
  • You agree that you are responsible for keeping and maintaining records of Posted Material.

11.4• THIRD PARTY CONTENT

The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). Chuta Network accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

12• SERVICE LIMITATIONS

The Platform is made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that Chuta Network cannot and does not represent, warrant or guarantee that:

  • the Platform will be free from errors or defects;
  • the Platform will be accessible at all times;
  • messages sent through the Platform will be delivered promptly, or delivered at all;
  • information you receive or supply through the Platform will be secure or confidential; or
  • any information provided through the Platform is accurate or true.

13• PROTECTION OF INFORMATION

13.1• CONFIDENTIALITY

You agree that:

no information owned by Chuta Network, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and

  • all communications involving the details of other users on this Platform and of the Seller are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.

13.2• PRIVACY

You agree to be bound by the clauses outlined in Chuta Network’s Privacy Policy, which can be accessed here [insert link].

13.3• INTELLECTUAL PROPERTY

  • Chuta Network retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Platform (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Platform Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
  • You may make a temporary electronic copy of all or part of the Platform Content for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Platform Content without prior written consent from Chuta Network or as permitted by law.
  • In this clause 12(e), “Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.

13.4• RECORDS AND AUDITS

  • Chuta Network retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Platform (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Platform Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
  • You may make a temporary electronic copy of all or part of the Platform Content for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Platform Content without prior written consent from Chuta Network or as permitted by law.
  • In this clause 12(e), “Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.

14• DISPUTES BETWEEN USERS

  • You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.
  • If any issue or problem relating to the Platform remains unresolved after directing a complaint to a relevant User, or if the complaint does not relate to another User, you must report it to Chuta Network via [insert email address]. We will assess the complaint and attempt to quickly and satisfactorily resolve it.
  • Chuta Network reserves the right to hold funds in relation to a dispute until the dispute is resolved, either by us, the relevant parties or by a mediator or arbitrator. We reserve the right to disperse funds held by us as we see fit, including by providing a Buyer a refund.
  • Any costs you incur in relation to a complaint or dispute will be your responsibility.
  • Chuta Network has the option to appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between each of the parties to the dispute.
  • If you have a dispute with Chuta Network, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings.
  • Notwithstanding any other provision of this clause 14, you or Chuta Network may at any time cancel your Account or discontinue your use of the Platform.

15• DISCLAIMER

  • (Security) Chuta Network does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.
  • (Academic Misconduct) Chuta Network accepts no responsibility for any academic misconduct, contract cheating or plagiarism by a User on the Platform, or any consequences of such conduct.
  • (Academic Performance) Chuta Network accepts no responsibility for your academic performance, grades or results. By using the Platform, you acknowledge that other Users are students too and they are not academic tutors, lecturers or professionals. Chuta Network makes no representations, warranties or guarantees as to the impact of your use of the Platform on your academic performance.
  • (Introduction service) Chuta Network is a medium that facilitates the introduction of Users for the purposes of communicating and buying and selling Goods. Chuta Network simply collects a Commission in consideration for providing this introduction service and does not have any obligations or liabilities to, and is not a party to any contract between, Buyers and Sellers in relation to such Goods or otherwise resulting from the introduction.
  • (Limitation of liability) To the maximum extent permitted by applicable law, Chuta Network excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Platform or its use or any services provided by any Seller. This includes the transmission of any computer virus.
  • (Disclaimer) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded. Where any law (including the Competition and Consumer Act 2010(Cth)) implies a condition, warranty or guarantee into this agreement which may not lawfully be excluded, then to the maximum extent permitted by applicable law, Chuta Network’s liability for breach of that non-excludable condition, warranty or guarantee will, at our option, be limited to:
    • in the case of goods, their replacement or the supply of equivalent goods or their repair; and
    • in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.
  • (Indemnity) You agree to indemnify Chuta Network and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives’:
    • breach of any term of this agreement;
    • use of the Platform; or
    • your provision or receipt of Goods from another User.
  • (Consequential loss) To the maximum extent permitted by law, under no circumstances will Chuta Network be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Platform, this agreement or their subject matter, or any services provided by any Seller (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010(Cth)).

16• TERMINATION

  • Users may terminate their Account or membership on the Platform at any time by using the Platform’s functionality where such functionality is available. Where such functionality is not available, Chuta Network will give effect to such termination within a reasonable time after receiving written notice from the User.
  • Chuta Network reserves the right to terminate a User’s access to any or all of the Platform (including any Account, Listings and other memberships) at any time without notice, for any reason.
  • In the event that a User’s Account, access or membership is terminated:
    • the User’s access to all posting tools on the Platform will be revoked;
    • the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details and service listings or requests); and
    • the User may be unable to view the details of all Sellers (including contact details, geographic details and any other details), and all Listings previously posted by the respective User will also be removed from the Platform.
  • Notwithstanding termination or expiry of your Account or membership or this agreement, any provision which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.

17• NOTICES

A notice or other communication to a party under this agreement must be:

  • in writing and in English; and
  • delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond for the purposes of the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
  • Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
    • 24 hours after the email was sent; or
    • when replied to by the other party,

whichever is earlier.

18• General

18.1• GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

18.2• WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

18.3• SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

18.4• JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

18.5• INTERPRETATION

  • (singular and plural) words in the singular includes the plural (and vice versa);
  • (gender) words indicating a gender includes the corresponding words of any other gender;
  • (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
  • (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
  • (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
  • (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
  • (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
  • (headings) headings and words in bold type are for convenience only and do not affect interpretation;
  • (includes) the word “includes” and similar words in any form is not a word of limitation; and
  • (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.